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Gambling License Malta: Malta Lotteries and other Games Act

FIFTH – NINTH SCHEDULE

FIFTH SCHEDULE

(Repealed by Act XXII. 2009.21)

SIXTH SCHEDULE

Article 43 – Racecourse Bets and sweepstakes

Method of operating and playing a sweepstake

1. For the purposes of the definition of “sweepstake” in article 2(1), a sweepstake is a game connected with a horse race or races conducted on a racecourse which is played –

by two or more persons not exceeding in number the number of horses or runners participating in any horse race in connection with which the game is operated and played (hereinafter in this paragraph referred to as “the relevant horse race”), each of which persons participates in the game by paying a monetary stake to the person operating the game (hereinafter in this paragraph referred to as “the operator”) in return for a ticket drawn by lot by the operator, previously to the start of the relevant horse race, from among tickets not exceeding in number the number of horses or runners participating in the relevant horse race and each of which tickets is matched to a different horse or runner participating in the relevant horse race, and which is won by the person or persons whose ticket or tickets are matched to the horse or runner or horses or runners placing in such places in the relevant horse race which are prescribed to be winning places by the rules of the game, and whereby the prize in such game consists of the whole of the monies staked in such game less such amount thereof as may, subject to the provisions of this Schedule, be deducted and kept by the operator in accordance with the rules of such game, which prize is distributed to the winners of such game in the proportions set out in, and according to, the rules of the game; or
by means of tickets each bearing a different number, symbol or picture, which tickets are purchased by participants in such game against payment of a monetary stake to the person operating the game (hereinafter in this paragraph referred to as “the operator”) previously to the start of any horse race in connection with which the game is operated and played (hereinafter in this paragraph referred to as “the relevant horse race”), and whereby the operator draws by lot, previously to the start or after the termination of the relevant horse race a number of numbers, symbols or pictures equal to the number of horses or runners participating in the relevant horse race and is won by the holders of the tickets bearing the same numbers, symbols or pictures as those drawn as aforesaid, and whereby the prize in such game consists of the whole of the monies staked in such game less such amount thereof as may, subject to the provisions of this Schedule, be deducted and kept by the operator in accordance with the rules of such game, which prize is distributed to the holders of the winning tickets in the proportions set out in, and according to, the rules of the game.

Duration and renewal of licence.

2. (1) A racecourse betting licence shall be issued for such term, not exceeding one year as the Authority may specify in the licence.

(2) Unless it is previously cancelled, a racecourse betting licence may be renewed by the Authority for a further period or further periods, each of which shall not exceed one year, as the Authority may determine.

(3) Any such renewal as is mentioned in sub-item (2) hereof is subject to compliance by the racecourse betting licensee, during the immediately preceding original or renewed term of the licence, with the provisions of this Act and of any regulations made thereunder, and with the terms and conditions of the licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to such licensee, and subject to the acceptance by the Authority of the written application for such renewal made by the licensee to the Authority by such date before the expiry of the immediately preceding original or renewed term of the licence as the Authority has specified in the licence, and containing such information as the Authority has specified therein as necessary or expedient to enable it determine whether to renew the said licence.

(4) After the submission of an application for the renewal of a racecourse betting licence, the Authority may require the applicant to provide such other information, in addition to that provided together with the application, as may be deemed necessary for the purpose of determining the said application. Application for a licence.

3. (1) An application for a racecourse betting licence shall be made by or on behalf of the approved racing club or other person who intends to operate racecourse bets and, or sweepstakes, in the form and manner required by the Authority.

(2) Such application shall at least contain the following information:

the name and address of the applicant and the address in Malta where any documents may be served on the applicant;
the type of racecourse bets and, or sweepstakes which the applicant wants to operate, and such particulars relating to the rules and regulations regarding the procedures for operating and playing such bets and, or sweepstakes as the Authority may require or as may be prescribed by regulations;
the approved racecourse or approved racecourses in which there will be conducted the horse races and, or dog races on or in connection with which the applicant wants to operate the relevant racecourse bets and, or sweepstakes.

(3) The application shall also contain or be accompanied with such other information, documents and particulars as the Authority may require or as may be prescribed by regulations.

(4) After the submission of an application for a racecourse betting licence, the Authority shall have the power to require the applicant to provide such other information in addition to that given with the application as the Authority may deem necessary for the purpose of determining the said application. Grant of licence.

4. The Authority shall not issue a racecourse betting licence to a person unless the Authority is satisfied that –

the proposed licensee is a fit and proper person so as to ensure, or where the proposed licensee is not an individual, the persons who exercise effective control and management of the affairs of the proposed licensee are fit and proper to carry out their functions and duties in relation to the proposed licensee in such manner as to ensure, the proper operation of the relevant racecourse bets and, or sweepstakes by the proposed licensee;
the proposed licensee will comply in all respects with the provisions of this Act and of any regulations made thereunder applicable to it, and with the terms and conditions of the racecourse betting licence and with any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it.

Form of licence.

5. (1) The racecourse betting licence shall be in such form as the Authority may determine or as may be prescribed by regulations.

(2) The grant of a racecourse betting licence does not exonerate the licensee from obtaining any other licence, permit or authorization which may be required under any other law. Licence conditions and variations and revocations thereof.

6. (1) In granting a racecourse betting licence, the Authority may subject it to such conditions as it may deem appropriate, and having granted such licence the Authority may, from time to time, vary or revoke any condition so imposed or impose new conditions: Provided that whenever the Authority deems it appropriate to vary any condition or impose any new condition in the racecourse betting licence, the Authority shall, unless such variation or imposition of a new condition has been requested by the licensee himself, inform the licensee by notice in writing of its intention to vary the said condition or to impose the said new condition, calling upon the said licensee to show cause, within such period being not less than seven days after the issue of the notice as may be specified in the same notice, why such condition should not be varied or such new condition should not be imposed, and the Authority shall consider any response made by the licensee within the period specified in the notice, before varying the condition or before imposing the new condition.

(2) Conditions in a racecourse betting licence may impose requirements to be complied with by the licensee after the licence has ceased to have effect.

(3) A racecourse betting licence may impose conditions requiring the licensee –

to obtain the consent of the Authority before doing anything specified, or of a description specified, in the licence; and
to refer matters specified, or of a description specified, in the licence to the Authority for approval.

(4) A racecourse betting licence shall include a condition requiring the licensee to pay to the Authority, at such times as may be prescribed by regulations, such fees, duties, taxes and, or other sums as may be so prescribed, which fees, duties, taxes and, or sums shall be in addition to those which the licensee may be required to pay under any law other than this Act.

(5) A racecourse betting licence to operate racecourse bets shall be deemed to include a condition that:

the licensee shall only operate racecourse bets on horse races and, or dog races conducted on the approved racecourse or approved racecourses indicated in the licence at approved meetings, by means of a totalisator set up, kept and operated on the approved racecourse and at the approved meeting on and during which there is being conducted the relevant horse or dog race in respect of which the said licensee is operating any particular racecourse bet; and
not less than eighty-three per centum of the whole of the monies staked in respect of any particular racecourse bet operated by the licensee shall be distributed by such licensee among the persons winning such racecourse bet in accordance with the rules of the said racecourse bet.

(6) A racecourse betting licence to operate sweepstakes shall be deemed to include a condition that:

the licensee shall only operate sweepstakes on horse races conducted on the approved racecourse or approved racecourses indicated in the licence at approved meetings, by means of tickets sold only on the approved racecourse on which there is being conducted the relevant horse race in respect of which the said licensee is operating any particular sweepstake to persons who have been admitted to such approved racecourse on payment of the applicable admission fee and, or by means of tickets sold only to such other persons as may be specified in the licence or as may be prescribed in regulations; and
not less than eighty-five per centum of the whole of the monies staked in respect of any particular sweepstake operated by the licensee shall be distributed by such licensee among the persons winning such sweepstake in accordance with the rules of the said sweepstake. Changes in effective control and management etc.

7. (1) (a) If the racecourse betting licensee is not an individual, such licensee shall within five days of any change in the persons who exercise effective control and management of the affairs of the licensee inform the Authority of such change. The licensee shall also inform the Authority of any material changes in the information and documentation provided by the licensee in terms of item 3(2), (3) and (4) of this Schedule or in terms of any other provision of this Act or of regulations made thereunder or in terms of conditions attached to the racecourse betting licence, as soon as it becomes aware of such changes.

(b) Where owing to any change as is referred to in paragraph (a) hereof, whether the Authority has been informed of such change in accordance with the said paragraph (a) or not, a situation is brought about that, had it existed at the time of the application for the racecourse betting licence, it would have disqualified the licensee from obtaining a licence in terms of item 4 of this Schedule, the Authority shall by notice inform the licensee accordingly, and if the situation shall not have been remedied to the satisfaction of the Authority within five days from the notice to that effect by the Authority, the Authority shall cancel such licence without complying with the provisions of item 10 of this Schedule:

Provided that the Authority shall not issue a notice as aforesaid any later than one month after being informed by the licensee of the change in accordance with paragraph (a) hereof.

(2) Failure by the licensee to comply with the provisions of sub-item (1) hereof shall constitute an offence against this Act. Assignment or surrender of licence.

8. (1) A racecourse betting licence may not be assigned or transferred by the racecourse betting licensee to any other person.

(2) The racecourse betting licensee may not surrender the racecourse betting licence during the licence term without the prior approval in writing of the Authority, and if such approval is given, the licence may then be surrendered only subject to such terms and conditions as may be specified by the Authority in its approval.

(3) If a racecourse betting licence is assigned or transferred by the racecourse betting licensee to any other person –

such licence shall be considered null and void; and
the Authority may issue a directive to such licensee to do or restrain from doing any act which the Authority may deem appropriate in the circumstances, and such licensee shall comply with any such directive, failing which it shall be guilty of an offence against this Act.

(4) A racecourse betting licensee who acts in breach of the provisions of this item 8 shall be guilty of an offence against this Act. Grounds for cancellation or suspension of licence.

9. The Authority may order the cancellation or suspension of a racecourse betting licence on any of the following grounds:

the licensee, or any person who exercises effective control and management of the affairs of the licensee, is convicted of an offence against this Act, or of theft, receiving stolen property, fraud or any crime affecting public trust;
the licensee contravenes any provision of this Act or of any regulations made thereunder applicable to it, or is in breach of any condition in the racecourse betting licence or any directive issued by the Authority in terms of this Act or of regulations made thereunder and applicable to it;
the licensee knowingly or recklessly supplies to the Authority material information that is false or misleading;
the licensee fails to fulfil his financial commitments when they become due and payable;
the licensee is being wound up; or
the Authority is reasonably satisfied that the licensee is not, or has ceased to be, a suitable person to hold the racecourse betting licence, or it reasonably deems it necessary in the national interest to cancel or suspend the racecourse betting licence. Procedures for the cancellation or suspension of the licence.

10. (1) Where a ground for cancellation or suspension of a racecourse betting licence arises under item 9 of this Schedule, the Authority shall, by notice in writing, request the licensee, and may request any other person who in its opinion has an interest in the licence, to show cause, within such period being not less than five days after the issue of the notice as specified in the same notice, why the licence should not be cancelled or suspended on such ground as is stated in the notice.

(2) The Authority shall have regard to any response made under sub-item (1) hereof in such manner that –

where the matter is resolved to its satisfaction, it shall take no further action, and shall inform the licensee in writing accordingly;
where, although the matter is not resolved to its satisfaction, it considers that further action is not warranted, it shall caution the licensee in writing; or
where the matter is not resolved to its satisfaction and it is satisfied that further action is warranted, it may –
1. by notice in writing give such direction to the licensee as it considers appropriate; or
2. suspend the licence for such period as it thinks fit, or cancel such licence.

(3) Where a direction given by the Authority under sub-item (2)(c)(i) hereof is not complied with within the time specified in the notice, the Authority shall cancel the licence.

SEVENTH SCHEDULE

Article 80(1)

This Schedule came into force on 2nd September, 2002, and the relat ive amendments to enactments inserted accordingly.

EIGHTH SCHEDULE

Article 80(2)

This Schedule came into force on 2nd September, 2002, and the relat ive amendments to enactments inserted accordingly.

NINTH SCHEDULE

Article 46

Constitution and Proceedings of a Racecourse Control Board

1. A Racecourse Control Board shall consist of a chairman and four other members to be appointed by the Minister responsible for sport.

2. The chairman shall be such person as the Minister responsible for sport shall appoint in that behalf.

3. A person shall not be qualified to hold office as a member of a Racecourse Control Board if he –

is a member of the House of Representatives;
is a judge or magistrate of the courts of justice;
has a financial or other material interest in any approved racecourse or in any approved racing club which is likely to affect the discharge of his functions as a member of such Board;
he has been convicted of an offence punishable by imprisonment for a period of six months or more;
he has been convicted of an offence against Part VIII.

4. The members of a Racecourse Control Board shall hold office for such time as may be specified in their respective appointments: Provided that any member of such Board may be removed at any time by the Minister responsible for sport.

5. Any person ceasing to be an appointed member of a Racecourse Control Board shall be eligible for reappointment unless there exists in respect of such person any of the grounds for disqualification to hold office as such member listed in item 3 of this Schedule.

6. The quorum of a Racecourse Control Board shall be three, but subject to such quorum such Board may act notwithstanding any vacancy among its members.

7. A Racecourse Control Board may appoint a member of the Board to be vicechairman of the Board, and in the absence of the chairman or during any vacancy in the office of the chairman, the vice-chairman so appointed shall preside at meetings of the Board.

8. Decisions at meetings of a Racecourse Control Board shall be adopted by a simple majority of the votes of the members present and voting, provided that no decision shall be valid unless it is supported by at least two members of the Board. In case of an equality of votes, the person presiding at the meeting shall have a second or casting vote.

9. Subject to any relevant regulations made by the Minister responsible for sport under article 78(6), a Racecourse Control Board may appoint and, or employ, at such remuneration and upon such terms and conditions as it may determine, such officers, employees and agents as may from time to time be necessary for the due and efficient discharge of the functions of the Board, and the Board shall prescribe the duties of each of such officers, employees and agents.

10. Subject to any relevant regulations made by the Minister responsible for sport under article 78(6), a Racecourse Control Board may regulate its own procedure and make standing orders governing the conduct of its business.

11. No act or proceeding of a Racecourse Control Board shall be questioned on account of any vacancy among its members or on account of the appointment of any member having been defective.

Gambling License Malta: Malta Lotteries and other Games Act